Bill C-32 (Historical)

Victims Bill of Rights Act

An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts

This enactment enacts the Canadian Victims Bill of Rights, which specifies that victims of crime have the following rights:
(a) the right to information about the criminal justice system, the programs and services that are available to victims of crime and the complaint procedures that are available to them when their rights have been infringed or denied;
(b) the right to information about the status of the investigation and the criminal proceedings, as well as information about reviews while the offender is subject to the corrections process, or about hearings after the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and information about the decisions made at those reviews and hearings;
(c) the right to have their security and privacy considered by the appropriate authorities in the criminal justice system;
(d) the right to protection from intimidation and retaliation;
(e) the right to request testimonial aids;
(f) the right to convey their views about decisions to be made by authorities in the criminal justice system that affect the victim’s rights under this Act and to have those views considered;
(g) the right to present a victim impact statement and to have it considered;
(h) the right to have the courts consider making, in all cases, a restitution order against the offender; and
(i) the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid.
The Canadian Victims Bill of Rights also specifies
(a) the periods during which the rights apply;
(b) the individuals who may exercise the rights;
(c) the complaint mechanism for victims and the requirements for federal departments to create complaint mechanisms; and
(d) how the Canadian Victims Bill of Rights is to be interpreted.
This enactment amends the Criminal Code to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) protect the privacy and security interests of complainants and witnesses in proceedings involving certain sexual offences and ensure that they are informed of their right to be represented by legal counsel;
(c) broaden the conduct to which the offence of intimidation of justice system participants applies;
(d) expand the list of factors that a court may take into consideration when determining whether an exclusion order is in the interest of the proper administration of justice;
(e) make testimonial aids more accessible to vulnerable witnesses;
(f) enable witnesses to testify using a pseudonym in appropriate cases;
(g) make publication bans for victims under the age of 18 mandatory on application;
(h) provide that an order for judicial interim release must indicate that the safety and security of every victim was taken into consideration;
(i) require the court to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances;
(j) add victim impact statement forms to assist victims to convey their views at sentencing proceedings and at hearings held by Review Boards;
(k) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(l) clarify the provisions relating to victim impact statements;
(m) allow for community impact statements to be considered for all offences;
(n) provide that victims may request a copy of a judicial interim release order, probation order or a conditional sentence order;
(o) specify that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed;
(p) provide a form for requesting a restitution order; and
(q) provide that courts must consider the making of a restitution order in all cases, and that, in multiple victim cases, a restitution order may specify the amounts owed to each victim and designate the priority of payment among the victims.
The enactment amends the Canada Evidence Act to provide that no person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused. It also amends that Act to add a new subsection to govern the questioning of witnesses over the age of 14 years in certain circumstances.
This enactment amends the Corrections and Conditional Release Act to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) permit victims to have access to information about the offender’s progress in relation to the offender’s correctional plan;
(c) permit victims to be shown a current photograph of the offender at the time of the offender’s conditional release or the expiration of the offender’s sentence;
(d) permit the disclosure of information to victims concerning an offender’s deportation before the expiration of the offender’s sentence;
(e) permit the disclosure to victims of an offender’s release date, destination and conditions of release, unless the disclosure would have a negative impact on public safety;
(f) allow victims to designate a representative to receive information under the Act and to waive their right to information under the Act;
(g) require that the Correctional Service of Canada inform victims about its victim-offender mediation services;
(h) permit victims who do not attend a parole hearing to listen to an audio recording of the hearing;
(i) provide for the provision to victims of decisions of the Parole Board of Canada regarding the offender; and
(j) require, when victims have provided a statement describing the harm, property damage or loss suffered by them as the result of the commission of an offence, that the Parole Board of Canada impose victim non-contact or geographic restrictions as conditions of release, where reasonable and necessary, to protect the victims in relation to an offender who is the subject of a long-term supervision order.

Victims Bill of Rights

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, let me begin my comments by stating unequivocally that in spite of the comments often lobbed against us in this place by the government side, New Democrats have always defended victims' rights. We want them to have access to the services and support they need. We have fought, and will continue to fight, each and every day to help victims across the country get the funding, support, and resources they need to overcome the physical and psychological trauma that results from often unspeakable actions perpetrated against them by the most heinous of criminals.

We need to start by looking at a little bit of the history of this bill. The Conservatives promised to enact a Canadian victims bill of rights, or CVBR, as it is often called, in 2006. Sadly, it has taken more than seven years for this promise to finally come to fruition. It was not until the 2013 throne speech that the Conservatives finally made good on their pledge to victims, when they announced that the government would introduce a victims bill of rights to restore victims to their rightful place at the heart of our justice system.

Statistics about the cost to victims from crimes perpetrated against them are startling and underscore the urgency of creating a system that puts victims' rights at the fore of the criminal justice system. For instance, a study released in 2011 by the Department of Justice Canada found that the total cost of crime is estimated to be $99.6 billion a year, 83% of which is borne by victims.

For the nearly two million criminal incidents that were reported to Canadian police services in 2012, more than 450,000 primary and secondary victims sought victims' services that year alone. Given that a large component of victims' service providers make heavy use of volunteers, clearly more resources are needed to ensure that victims can access the services they require when they require them. Here, 72% of victims' services providers made use of volunteers. Obviously, these volunteers deserve kudos and applause for their commitment to assisting victims of crime. However, it also demonstrates a dire need in our community for resources specifically dedicated to the victims of crime and their families.

Let me be clear. New Democrats support this bill and any effort to improve the circumstances of victims of crime. However, New Democrats also feel that this legislation should go further. It certainly does not meet the expectations the Conservatives have been setting since 2006. For instance, the Canadian victims bill of rights would not designate legal obligations for other stakeholders in the judicial system. It would simply provide access to a vague mechanism to file complaints with various federal departments, agencies, and organizations that have a role to play in the justice system when victims have had their rights infringed.

Complaints directed at provincial or territorial organizations, including the police, the crown, and any victims' rights organizations, would be processed directly under the appropriate province's or territory's law. The practicality of this can certainly be questioned, and no specific funds have yet been attributed to the implementation of these mechanisms for examining complaints or for helping out the provinces in this regard.

The victims bill of rights also includes preclusive clauses stipulating that the new rights be enforced within reasonable means and that they avoid interfering with the discretionary powers of the police or the crown, causing excessive delays, compromising investigations and or proceedings, and bringing procedures to a standstill. In addition to this, the Canadian victims bill of rights would not confer third-party stakeholder or observer status to those who represent victims at criminal proceedings.

In sum, while it is nice to have principles and to propose bills and charters, this bill would fail to establish a legal obligation for judicial system stakeholders to implement these rights and the resources required to do so.

Quite simply, the Conservatives have yet again failed to articulate a holistic approach to an issue, and have simply chosen to introduce legislation that sounds good from a public relations perspective, but will not have the full impact that victims of crime are seeking.

Teresa Edwards, of the Native Women's Association of Canada, articulated this point exactly when she appeared before the justice committee proceeding on Bill C-32:

We have a long way to go, and I really hope this legislation is not just another piece of paper that the government can point to and say it's doing something about victimization. We really need to translate that into action.... I do want to see action. I want to see results, and I want to see measured, concrete steps of how it's actually going to impact the lives of aboriginal women victims, so that we don't have to keep coming here.

While not surprising from this government, the recommendations from victims and the associations that represent them, as well as those of specialists and professionals who testified at committee, were largely ignored by the Conservatives, who also voted down all of the NDP's sensible amendments to incorporate these views into the scope of the bill.

For instance, Sharlene Lange, the mother of a victim, testified before the justice committee that:

Beyond the sentencing stage of the process, the victims basically fall off the face of the earth. Rights need to go beyond the criminal process for this bill to even be a bill of rights.

Further, the very well respected former attorney general of Manitoba, Andrew Swan, voiced his concerns over the potential for the bill to be just a public relations exercise without the proper follow-through from the government, stating:

We don't want this to be an exercise where the federal government lays down some regulations, say they've done their job and then wash their hands of it.

He says that, if the government does not create a channel to make the bill enforceable, like Manitoba's support services office, then it is an empty gesture.

In conclusion, I would reinforce that New Democrats have been consistent in our support for victims rights. Being the victim of a crime can be incredibly traumatic, and our hearts go out to Canadians who are living through these experiences.

We believe that victims should be able to access support programs and have assistance as they navigate the justice system. It is critical that the government invest in victim services, crime prevention, and other smart solutions to keep our communities safe.

Finally, unlike the Conservatives, we want changes that will make a difference, not just proposals designed to get media attention.

As I am concluding, I just want to ensure that I said I am sharing my time with someone. I want to make sure I did. With that, I now look forward to the question and answer period.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I will not echo all my colleagues. I did so earlier this morning in the House. I wish everyone here a merry Christmas and a happy new year.

I am very pleased to rise today to speak once again to Bill C-32, the victims bill of rights act.

As members know, the NDP supports Bill C-32 and will vote in favour of it. I will spend the little time I have sharing what some witnesses had to say in committee. We proposed a number of amendments in committee, and it will come as no surprise that the Conservatives rejected every last one of them.

I would like to raise one point before I begin. During question period, we learned that the government was going to put an end to one of our most important public safety programs. I am speechless. I thought the safety of communities was the Conservatives’ number one priority. I do not understand how it is possible that we are now hearing that they do not want to put the necessary resources into it. They are talking about cuts of nearly $650 million. Because of this, they must discontinue the most important public safety program: supervision of offenders.

This is not compatible with a Canadian victims bill of rights, because not only do victims have rights during the investigation and the trial, but also they have rights after the trial and after the perpetrator has served his sentence. Victims have rights at all steps in the legal process.

The fact that the Conservatives are ending a program that is as important as the supervision of offenders in communities seems to me to be incompatible with the very intent of a Canadian victims bill of rights. Not only do victims want their rights to be respected before, during and after the legal process, but all Canadians are entitled to feel safe in their own community. How can the government justify cutting these millions of dollars to the families of victims, to the victims themselves and to their friends when this will have a direct impact on the safety of our communities?

I just wanted to express my outrage and disappointment. I even think it is unfair to victims. This bill is a step in the right direction. I will speak to specific points later. However, how can the government claim to care about victims’ rights when, after the legal process and after the accused has served his sentence, it forgets the very essence of a Canadian victims bill of rights, which encompasses the right to safety and security?

We are going to support the Canadian victims bill of rights, but I just wanted to tell the government that it cannot do this. It cannot simply give up on the safety and security of victims because the legal process is over. This flies in the face of what our legal system is about. Frankly, I cannot understand why the government would want to end this public safety program, which is one of the most important programs in Canada.

Then, I would like to talk about some of the amendments put forward by the NDP, the reason why the Conservatives are against them and the dichotomy between the evidence given by the victims and expert witnesses who came before us in committee and, unfortunately, the Conservatives’ opinion.

For example, I will present the first of these amendments. This one in fact comes up at various points throughout the bill. I will be referring to the evidence provided by Arlène Gaudreault, president of the Association québécoise Plaidoyer-Victimes. In her testimony, she told us that the bill contains no proactive rights. It is therefore only an expression of general principles that provide guidance for the players in the justice system as we know it now. There is no right to information. In fact, one of the amendments that we put forward was that these rights should not exist only if the victims ask for them, but that there should be a certain rigour on the part of the players in the justice system as we know it and that the burden should not rest solely on the shoulders of victims, but on all the players in the system.

Ms. Gaudreault said the following:

When it comes to the right to information, for instance, this piece of legislation contains no proactive rights. It contains only rights victims have to ask for. The Manitoba legislation lists proactive rights, rights victims can obtain upon request and rights that involve certain restrictions owing to other existing legislation and policies.

The intention is good here. I want to say that because I can just picture my Conservative colleagues gnashing their teeth and saying that makes no sense because the NDP is always on the wrong side. However, a closer look at the wording of the bill reveals that the burden is placed squarely on victims and the provinces. Basically, the Conservatives want to pass a law and then wash their hands of it. Sure, they did their homework and consulted stakeholders. Honestly, I am not sure that the government actually consulted the provinces because several provinces have said that the bill seems to hold them responsible for 90% of the work. We already know that the budget for legal aid has shrunk over the past few years and that the provinces have already run out of resources. Many judgeships are vacant.

The fact that we do not know who is in charge of enforcing this bill is another extremely important aspect of this bill. The government says that there will be a complaint mechanism if victims' rights are not respected, but it is not clear to whom they should complain. Who will review the complaint? How is that process supposed to work?

Yes, this is a step in the right direction. We are used to that kind of thing from the Conservatives. It is a shame, but all of the stakeholders are always struggling for crumbs from the government. It doles things out in dribs and drabs, like throwing crumbs to pigeons, and we have no choice but to accept what it proposes. Unfortunately, the government rejects our amendments.

There are good intentions here, but Ms. Gaudreault said that none of the agencies' obligations are clear. Those obligations have been brought up repeatedly over the years. Here is what she said:

This has been an issue for years. Our organization has participated in all the consultations, and this issue has often come up. It is important for victims to know where to turn to obtain information, participate in proceedings or obtain protection.

Victims need to know where to turn to have their rights respected and who is responsible for enforcing those rights. Unfortunately, once again, the Conservatives are presenting an empty shell. I will be quite interested to see, in a few years, how this bill will be implemented. However, without the resources needed on the ground and without any consultation with the provinces, which will have to apply 90% of the Canadian victims bill of rights, we may hit a wall.

The House resumed consideration from December 10 of Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, as reported with amendments from the committee, and of the motions in Group No. 1.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to thank the hon. member for Burnaby—New Westminster for his last Thursday question of 2014.

Before getting to the business of the House, I hope you will indulge me a couple of moments to thank everyone for their hard work this year. As I said yesterday at a press conference, Christmastime is an appropriate point in the year to reflect on the months which have just passed.

Let me extend my thanks to all of the members' staff for the hard work and tireless efforts they put in—around here and in our constituency offices—for the cause of democracy. Without their help, our work would simply not be possible.

Mr. Speaker, as you know well, the last few months have posed a number of unique challenges around the House of Commons, but our clerks at the table have managed their way through in a sound and confident manner, all the while being short-staffed no less. However, we are looking forward to having a full team again in 2015 once our Clerk of the House of Commons, Audrey O'Brien, takes her familiar place at the head of the table.

Of course it goes without saying that everyone else around here who makes our lives easier, our work better and maintains our peace of mind deserves our hearty thanks, as we just demonstrated to one group in particular, those who provide security services.

However, I would like to single out another group in particular. I would like to take the opportunity to thank one group that works hard, often with little in the way of thanks in this place, and that being the parliamentary pages. Being a page is an extraordinary and special experience. To be able to spend a year here at such a young time in life—though nowadays it seems some can get elected to spend a year here at such a young age—is indeed a rare and special thing. The pages have been able to enjoy a particularly interesting, fascinating and dramatic first several months here. When they return home, which for many will be the first time since they began here, to their families across the country to share stories over the holidays, I think they will have more than usual eager audiences to hear their experiences and learn about their insights. I do look forward to seeing them refreshed when we come back, as I do everyone else.

Finally, Mr. Speaker, I would be remiss if I neglected to thank you and your three fellow chair occupants, and my fellow House officers for all their work this year. I wish one and all the very best for the holidays. It is fair to say that we really do have a hard-working, productive and orderly House of Commons.

As for the formal part of this statement, we will resume debate this afternoon on Bill C-32, the victims bill of rights act, at report stage and then, if we get there, Bill C-44, the protection of Canada from terrorists act, also at report stage.

Tomorrow we will complete the third reading debate on Bill C-40, the Rouge national urban park act.

As for the business of the House for the week of January 26 when we return, I will let my counterparts know through the usual channels as the return of the House nears.

Finally, I would like to conclude by wishing everyone a happy Hanukkah, a merry Christmas and a happy new year.

Motions in Amendment

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-32, the bill on victims' rights. I am also pleased to indicate that the Liberal caucus will continue to support this legislation.

As the members opposite will fondly recall, supporting victims of crime has long been a Liberal priority. Specifically, I would point to the Liberal government's 2003 statement of basic principles for justice for victims of crime. This statement was collectively drafted by provincial and federal representatives to modernize basic principles of justice for victims.

As the Department of Justice states, those are the “basic principles continue to guide the development of policies, programs and legislation related to victims of crime. They also provide a foundation for the Policy Centre for Victim Issues' work”.

Further, in 2005, with the hon. member for Mount Royal serving as justice minister, the Liberal government announced new initiatives to support victims, including allowing them to apply for financial assistance to attend the National Parole Board hearings of the offender who harmed them.

I also want to acknowledge that victims' rights is an issue that has drawn multi-party support in the past. The Liberal government's progress built on earlier efforts from the 1988 Progressive Conservative federal government, which also worked together with the country's territorial and provincial justice ministers.

This is the sort of constructive engagement with the provinces and territories that many on this side fondly recall. This type of co-operation for the betterment of Canada has been eroded in recent years.

Bill C-32 contains a number of suggestions for helping Canadians who are victims of crime, violent crime in particular. This bill creates the Canadian victims bill of rights, which provides victims with a substantial number of legal rights.

Even though in many cases Bill C-32 simply codifies existing rights and practices, when it comes to helping victims, I am pleased to side with legal certainty.

What does Bill C-32 seek to accomplish? It seeks to create the rights to information and services that will give victims peace of mind during the criminal proceedings they will be involved in and thereafter. It will clarify the victims right to be protected, to submit a statement, and to obtain restitution from offenders. It will make it easier for vulnerable victims to testify, expand intimidation as a criminal offence, and amend an archaic statute in the Evidence Act in order to compel testimony from the spouse of an accused, a law that has already been subject to a number of exceptions.

However, though we generally agree with what the government seeks to accomplish, we wish the government would have followed the practices of former PC and Liberal governments by accepting advice on how Bill C-32 could have been improved for victims of crime. The committee process could best be described as a missed opportunity.

Bill C-32 is not a perfect bill. A significant problem is that it would increase the obligations on backlogged courts and the demands on prosecutors, without increasing the resources allocated to meet those obligations. In short, the bill would assign new work without providing new funds. Apparently, the government is operating on the assumption that our courts and prosecutors are underworked. Of course that is not the case, and the already overburdened provinces will have to pick up to the tab.

To the point on resources, I would like to share with members one example included in the Canadian Bar Association's recommendations, an example I shared with our Conservative-controlled committee in the hopes that it would seriously consider improving the bill. The example deals with the new requirement that prosecutors attempt to inform victims of plea deals.

I will read a quote from the Canadian Bar Association:

A typical experience for a front line Crown counsel dealing with the proposed legislative change might go like this:

A Crown counsel is dealing with 100 cases on a particular morning where the accused is scheduled to enter a plea. Lawyers for ten of the accused inform the Crown only that morning of a guilty plea.

The Crown has no time to contact victims of the ten accused to tell them of the proposed pleas. When the Court asks the Crown if victims have been informed, the Crown says no, in regard to the ten cases. The Court adjourns those cases, so the guilty pleas are not accepted. By the next appearance, four of the ten accused change their minds about pleading guilty and want a trial. Victims are then required to testify when they otherwise would have been spared the trauma of reliving their experience through vigorous cross-examination.

At committee I introduced an amendment to remedy this flaw in the bill, a flaw that without the provision of additional resources is likely to slow the administration of justice and traumatize a significant number of the victims we are all trying to help.

As the Canadian Bar Association recommended, I suggested that a victim only need be notified of a plea deal where there would be a joint submission on sentencing, that is, the deals that the prosecutors would more likely have made in advance. These are also the deals where the Crown would be suggesting a particular sentence rather than a plea to a lesser offence.

What was the Conservative response? Before the Conservatives voted against this particular amendment of mine, the parliamentary secretary and the member for Moncton—Riverview—Dieppe said the following:

We're concerned that this amendment would lead to delays, and would place an undue burden on the crown prosecutor. The system has to function, and for that reason, we can't support this amendment.

The purpose of my amendment was to reduce the wait times this bill will create, but the Conservatives decided to vote against that amendment. I would like them to explain the logic behind that, but then again contradictions are notoriously hard to explain. That is just one of the amendments that I proposed.

In committee, the Conservatives rejected 18—that is right, 18—Liberal amendments that could have improved this bill. They did not reject the amendments because they were bad. They rejected them simply because they were Liberal amendments.

Honourable colleagues, this kind of behaviour is Parliament at its worst. With that in mind, let us look at other amendments the Conservatives rejected.

As I indicated in an earlier question at committee, we heard from a witness named Maureen Basnicki. Ms. Basnicki is a Canadian whose husband was killed in the 9/11 attacks. At committee, she explained that she had experienced difficulty in accessing victims' services because her husband was murdered by terrorists outside the country. She urged us to extend any lawfully available domestic rights to Canadian victims of crime that occur outside of Canada.

I would like to share some of her testimony with the chamber. She said:

....perpetrators of crimes are still demanding their rights as Canadian citizens when they've been successfully prosecuted for crimes outside the country, and I want to bring balance to this. This is not a new step. It's new for Canadians, perhaps, but other countries do this, many other countries. Most other countries do.

After listening to Ms. Basnicki, I introduced an amendment to capture her unfairly overlooked constituency, to grant domestically available victims' benefits to Canadians who have experienced serious personal injury crimes outside the country, or whose family members have been murdered outside the country.

The Conservatives refused to include the victims of the 9/11 attacks in the legislation, and refused to amend it after hearing from Ms. Basnicki.

We also heard from a representative of the Chiefs of Ontario, who wanted to bring some balance to consider the unique circumstances of aboriginal victims in the justice system. All of the amendments proposed by the Chiefs of Ontario were similarly rejected.

Bill C-32 is not a perfect bill, but it is a good bill. It will do good work for Canadian victims of crime, so the Liberals will support Bill C-32 and endeavour to improve on these efforts when we form the next government.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I am pleased to rise in the House to speak to Bill C-32, Victims Bill of Rights Act, at report stage.

This charter codifies the federal rights of victims of crime to information, protection, participation and restitution. It also amends some related legislation. Basically, this charter is meant to grant rights to victims, who have often been the forgotten parties in our justice system.

We are at report stage, but it took eight years and countless photo ops and press conferences for the Conservatives to finally decide to introduce their bill. I would really like to believe the Parliamentary Secretary to the Minister of Justice when he said that they consulted 185 groups and 300 online submissions, but I am not sure they actually heard the message.

All the parties represented on committee agreed on the charter, although we tried our best to improve the charter so that it would produce the desired results for victims. My heart breaks for these victims. However, this is a first step, so we will take it. It is important to be positive in life.

That said, we could have done so much better. We already spoke about this charter at length at second reading. The parliamentary secretary has already named a number of witnesses, and I will not repeat that. However, I will say that about 40 people appeared before the committee over the many days we spent listening, reflecting and presenting amendments that we felt reflected the concerns of victims.

At least we had enough time to hear all the witnesses we called in. As an aside, Saskatchewan submitted a brief in the form of a letter and Alberta's justice minister provided testimony via video conference to share his arguments.

It is too bad, because victims groups, victims rights groups, and legal groups all agree: the responsibility of enforcing this bill of rights will fall to the provinces. We all realize that. It is clear that the provinces will bear the burden of codifying these rights to information, protection, participation and restitution.

It is too bad that we did not get opinions from all the provinces, but at the same time, as one witness in committee said so well, this suggests that the provinces are not very interested in this Canadian bill of rights.

More often we were told that this bill of rights simply codifies federally what is already being done on the ground. The victims rights groups showed us that this is applied haphazardly and in different ways in various regions across our large country. That might be the good thing about this victims bill of rights, but the provinces still need to be on board. As a crown prosecutor who testified before the committee wisely said, if every tribunal applies these rights differently, then we are no further ahead.

We could have done so much better. The government rejected a number of sound amendments. I will read a few.

I am especially saddened to hear that victims rights groups, or the victims themselves, came before the committee to tell us that the problem with the charter is that there is absolutely nothing binding in it.

We often rise in the House to criticize the government for its mandatory minimum sentences and the fact that it basically forces the courts to go in a certain direction and does not let them be the judge or use their own judgement and experience to hand down the best decisions. We have a charter that offers too much flexibility, to the point that just about anyone can do just about anything with this charter.

The message for the victims is sad, but also positive. The positive aspect is that we are finally talking about the victims and we are all united in this. Something has to be done, something has to happen. A heartfelt plea has been made and heard. We must not allow this to be forgotten, so that in three, four, five or six years we will not have to go back to the drawing board and do things right.

I want to give some examples of how this is not very binding. The bill of rights provides for a complaint mechanism. We cannot tell the provinces how to do their job. At the federal level, no one is quite sure how this complaint mechanism will work. To whom do people complain? What we are being told is that if someone files a complaint, the decision will not be binding, so as not to create problems. This means that we have a complaint mechanism, but ultimately, it will not do much.

I also want to talk about the right to information. I think it is rather absurd to say that victims have a right to information, since victims will have to assert that right. The amendments that the NDP proposed in committee were basic amendments. They had nothing to do with how the processes work. They did not affect outcomes or protections for the accused. They were in full compliance with the Canadian Charter of Rights and Freedoms, but at the same time, they made certain aspects of the bill of rights stronger, such as the right to information. All victims have the right to information, but not as it is currently set out in the bill of rights, which states that they must request it.

It is a matter of onus. The onus is still on the victims. Victims have to ask for their rights, whether it be the right to information or the right to be kept up to date. Things will be done only at the victims' request. In my opinion, the crux of this bill of rights is found at the very beginning of Bill C-32. That is the very heart of the rights set out in this much-touted bill of rights. Without that, it is just a bunch of statements of principle that do not amount to much.

The bill enacts a bill of rights and then states:

Information

Every victim has the right, on request, to information about...

In clause 7, it reads:

Every victim has the right, on request, to information...

Clause 8 indicates:

Every victim has the right, on request, to information...

If we want to do right by victims, if we want to really give them rights, if we want to give them their rightful place in the justice system, then at some point we need to do more than introduce a bill filled with platitudes.

We are not objecting to Bill C-32. I agree with everyone that it is a small step in the right direction. I am pleased that the government accepted an amendment from the opposition, one of the amendments that I proposed. I am not trying to flatter myself because I feel as though my proposal was completely watered down. We were asking for the House of Commons committee, the Senate committee or the committees for both chambers designated or established for that purpose to examine the application of the enacted Canadian victims bill of rights two years after clause 2 came into force. The Conservatives changed the timeline to five years.

That is rather unfortunate, as is the fact that they did not agree to listen to the provinces, which were asking for a little more time to apply the bill of rights.

Money will be the sinews of war when it comes to the application of the bill of rights.

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to rise once again to speak to a subject that we have been studying in committee for quite some time. This government's bills are all about protecting victims. Bill C-32 is the result of consultations with 185 groups from across the country as well as 300 online submissions.

One thing that the government heard frequently is that victims face many injustices when they interact with the justice system. I would like to give an example of what Bill C-32 is going to do to help victims and witnesses deal with the difficulties they experience in the courtroom.

Ms. Timea Nagy, founder of Walk With Me Canada Victim Services, shared with us something that happens quite often in trials involving organized crime.

Let me tell members a bit about what this organization is doing in the community.

Established by a survivor of human trafficking, Walk With Me was created with a commitment to ensure that survivors have a place in providing first response care to victims of human trafficking and to recognizing that survivors should have a voice in developing a coordinated community response that can meet immediate crises and longer-term needs of trafficked victims. Since its inception in 2009, Walk With Me has been working closely with various police services across Canada and has been able to provide unique services and support to many victims of human trafficking in Ontario and all across Canada.

You can already imagine the immense courage that Ms. Nagy and the people she helps must have.

During the committee study, Ms. Nagy shared a story with us. When she testified in court in a human trafficking case—she was both witness and victim—the accused's brother was in court and motioned to her that he would slit her throat.

It is understandable that this type of behaviour intimidates victims and witnesses. In many cases, the victims or witnesses are too scared to testify because they are afraid of reprisals. The crown attorneys cannot use their testimony to send dangerous criminals, members of organized crime, to jail.

Bill C-32 will allow witnesses to testify without seeing those present. The purpose of this measure is to reduce intimidation in order not to revictimize the victim. The bill will also improve the justice system by providing crown attorneys with additional tools to collect more solid evidence against criminals during their trial. We hope that this will reduce the number of criminals who avoid serving jail time because they manage to intimidate key witnesses.

Revictimization is an issue that came up a number of times. Victims felt it was important for Bill C-32 not to create additional delays. A procedural delay prevents victims from moving forward in their healing process.

As Alain Fortier, the president of Victimes d'agressions sexuelles au masculin, explained, victims are forced to remember the details of terrible, traumatic events. They have to constantly relive the negative experience and describe it in court. Victims want to be able to heal. The longer the process is, the greater the consequences for the victim. That is why it would be bad for Bill C-32 to create additional delays in a process that is already too painful.

Another interesting point I want to talk about is spouses being uncompellable. In short, this means that witnesses cannot be required to disclose something their spouse told them. This frequently comes up in cases of drunk driving, where the only witness is often the driver's spouse.

Lise Lebel, the president of the Fondation Katherine Beaulieu, a Quebec organization that does similar work to that of Mothers Against Drunk Driving, told the committee:

Our organization agrees with the amendments proposed in Bill [C-32], which obliges spouses to testify in all cases. These amendments reflect a systematic trend towards providing crown prosecutors with access to all relevant evidence.

Once again, it is important to give crown prosecutors all the tools they need. Our justice system needs to re-earn the public's trust, and this is another good example of how we can achieve that.

A number of victims' groups told us that the victims bill of rights was a step in the right direction. I want to name a few of the groups that testified in committee.

They include MADD; Robert Hooper, lawyer and victims' rights advocate; Steve Sullivan, former federal ombudsman for victims of crime; Boost Child Abuse Prevention & Intervention; Comité des orphelins victimes d'abus; Timea Nagy, founder of Walk With Me Canada Victim Services; the Canadian Association of Chiefs of Police; Kristen French Child Advocacy Centre Niagara; London Abused Women's Centre; Victimes d'agressions sexuelles au masculin; La fondation Katherine Beaulieu; Sue O'Sullivan, Federal Ombudsman for Victims of Crime; Sheldon Kennedy Child Advocacy Centre; the Alberta minister of justice, the Hon. Jonathan Denis; the Canadian Parents of Murdered Children and Survivors of Homicide Victims Inc.; the Canadian Bar Association; the Canadian Centre for Child Protection; the Canadian Resource Centre for Victims of Crime; the Canadian Crime Victim Foundation; the Canadian Association of Crown Counsel; the Canadian Coalition against Terror; the Canadian Centre for Abuse Awareness; the great Sharon Rosenfeldt, pioneer in victim services in Canada and founder of the Victims of Violence Canadian Centre for Missing Children; and l'Association des familles de personnes assassinées ou disparues. We can even add, albeit to a lesser extent, the Criminal Lawyers' Association.

Some aboriginal groups also came to express their opinion on the bill and to talk about the challenges that their communities faced. They all, in the end, support this bill.

I thank the office of the Nation nishnawbe-aski, NWAC, and the Pauktuutit Inuit women's association for their precious contribution to the work of the justice committee.

Bill C-32 has near-unanimous support. I want to quote my hon. colleague from Gatineau, the NDP's justice critic.

She said:

I think everybody agrees that Bill C-32 is a good step. It's a step in a good direction. It has good at the heart of it.

In conclusion, I want to say that Bill C-32 had the unanimous support of all parties represented on the Standing Committee on Justice and Human Rights.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I would like to thank my colleague for his speech on the amendments.

The member indicated that Bill C-32 is a step in the right direction but that it does not do enough for victims. However, rather than talking about victims, he spent 10 minutes talking about other issues such as sentencing, the consequences of disclosing the name of a witness and restitution.

I am trying to understand. Are we trying to strengthen the victims bill of rights or amend certain principles of criminal law? If I understood correctly, the member seemed to say at the beginning of his speech that the bill of rights is rather limited. However, if I understood the amendment correctly, the member wants to scale back the victims bill of rights.

[Bruce Hyer, Green, Thunder Bay—Superior North, ON]

(seconded by the member for Bas-Richelieu—Nicolet—Bécancour) moved:

Motion No. 1

That Bill C-32 be amended by deleting Clause 17.

Motion No. 3

That Bill C-32 be amended by deleting Clause 23.

Motion No. 4

That Bill C-32 be amended by deleting Clause 30.

He said: Mr. Speaker, I rise to present deletions to Bill C-32, the Canadian victims bill of rights.

I and the Green Party support, in general, this important piece of legislation, but with some hesitations about its weaker parts.

Given the damage that the current government has done to the criminal justice system, I am surprised to be saying that. I believe that the victims bill of rights could be a positive step toward alleviating some of the frustrations and emotional pain that victims face participating in the justice process today.

However, the bill is still an imperfect document. I hope that we will improve it in years to come. We were disappointed that, in committee, our worthy amendments were dismissed.

Recent research points to a worrying trend. Canadians, especially victims of crime, have lost confidence in our justice system. A recent report by our own Department of Justice on survivors of sexual violence found that:

While 53% of participants stated that they were not confident in the police, two-thirds stated that they were not confident in the court process and in the criminal justice system in general.

It is no surprise that victims often do not report crimes. As so many victims groups have shared with us, going through the justice process can be confusing, emotionally draining, frightening and demoralizing.

The bill seeks to address some of the concerns of victims, those being greater rights to information, restitution, and protection. However, in the bill, these are more accurately called promises than rights.

I do not believe the bill would deliver what the Prime Minister said it would, that now “Victims will have enforceable rights in Canada’s criminal justice system”.

As many witnesses pointed out to the justice committee, the bill would not really set out rights because there are no substantial redress for violations. Victims are entitled to file a complaint if they feel their rights have been violated and a complaint is better than nothing, but it is not redress.

If this promise is followed by good faith and funding, we will have succeeded in improving the experience of victims in the justice system; if not, we will have made matters worse by promising but not delivering.

Though I support the bill on balance, I have concerns about some of the provisions. As Ms. Sullivan wrote, it is not necessary that we all agree on every aspect of the bill, and:

...what is important is the marking of a cultural shift to more fully consider and integrate victims’ in Canada’s criminal justice system and, jointly, the opportunity for important discourse about victims’ needs and how to better address them.

Since many of the concerns of victims were not addressed in the bill, I hope that Bill C-32 is only the start of the conversation on this important issue.

Three sections, in particular, worry me. I am most concerned about, first, restitution; second, redefining the purpose of sentencing; and third, non-disclosure of witness identities.

I have some concerns with clause 30 that would require that the court consider making a restitution order against the offender, regardless of the offender's ability to pay. This could cause issues both for the victims and the offenders. Restitution, as we have heard from many victims groups, can be an extremely important part of the healing process. It can also be an important step for offenders taking responsibility for their actions.

However, I am concerned, and witnesses were concerned, by the way these provisions are worded. As Catherine Latimer, executive director of the John Howard Society, has warned, these orders for restitution could have a disproportionate effect on those offenders who, far too often, are:

...poor, marginalized, battling mental health and addictions and without the lawful means to provide financial compensation to others.

These orders could also open up the issue of fairness in the justice system.

At the same time, legal experts argue that the wording of 739.2, that requires the judge to specify a day by which the full amount is to be paid, would undermine the good that this system does for victims.

According to the Canadian Bar Association, “Including a deadline for payment could create adverse consequences for victims”.

The victim would not be able to go to court to enforce their order until the final date has lapsed, which could be many years away. According to the Bar Association, “[It] may have the adverse effect of providing victims with false hope of financial recovery”.

The worst thing that could happen is that victims be given the expectation of funds that they will never receive, and at the same time, burdening impoverished offenders with long-term debts that will prevent their rehabilitation.

I am concerned that these provisions will receive the same fate as the victim surcharges that judges have simply been refusing to order and this will leave victims unsupported.

Bill C-32 also seeks to redefine the purposes of sentencing in the Criminal Code. To echo the concerns of the Bar Association:

The cumulative impact of these proposed amendments, with the increased use of mandatory minimum penalties and the elimination of conditional sentence orders for many non-violent offenders, risks adding to Canada’s over-reliance on incarceration.

I do not see how these changes will have positive benefits for victims and may have the negative effect of prioritizing harm done over the other purposes of sentencing. Sentencing is a delicate balance, and there is no evidence to suggest that the balance in the code is presently broken.

Perhaps the most egregious element in this bill is clause 17. That would allow a judge to “make an order directing that any information that could identify the witness not be disclosed in the course of proceedings”.

As every legal expert who testified before the committee noted, this is an unprecedented and almost certainly unconstitutional breach of the right to a fair trial. As Howard Krongold of the Criminal Lawyers' Association testified at committee:

But it's hard to imagine a more fundamental change to Canadian law, one less consistent with Canadians' visions of open, fair justice, where everybody has a chance to a fair trial, where they can make full answer and defence and confront the witnesses against them.

Eric Gottardi of CBA added:

Clause 17 contemplates at least the possibility that the accused and counsel for the accused and the crown might have to cross-examine or direct examine a witness when they have no idea who the witness is. I haven't found a single case that talks about that, and I can't imagine a scenario, short of life and death and someone essentially amounting to a confidential informer, where that kind of process would pass constitutional muster.

Under extreme circumstances, judges already can use their discretion to limit the disclosure of witness identity through the use of pseudonyms, publication bans, and other measures. These are exceptions to the open court principle and they are used sparingly by judges. I would like to repeat the concerns of so many legal experts that what this clause anticipates is a clear violation of the open court principle. This is very worrying.

Every party in this House supports Bill C-32 in principle. It seems, though, that the Conservatives just could not help themselves. They had to insert something blatantly unconstitutional into a bill that everyone supports in principle.

All in all, the bill is a reasonable step toward addressing the difficult position that victims hold in the justice system. It needs to be strengthened and improved, and it will take work. As I said earlier, the bill constitutes more of a promise than it does a bill of rights. Let's make sure we keep that promise.

Speaker's Ruling

[The Acting Speaker, Conservative, Barry Devolin]

There are four motions in amendment standing on the notice paper for the report stage of Bill C-32. Motions Nos. 1 to 4 will be grouped for debate and voted upon according to the voting pattern available at the table.

The House proceeded to the consideration of Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, as reported (with amendments) from the committee.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue the second reading debate on Bill S-6, the Yukon and Nunavut regulatory improvement act.

Tomorrow we will debate Bill C-43, the economic action plan 2014 act, no. 2. This bill would put into place important support for families, as well as key job-creating measures, which would build on our government's record of over 1.2 million net new jobs created since the economic downturn.

On Monday, before question period, we will resume the second reading debate on Bill C-12, the Drug-Free Prisons Act. By tackling drug use and trafficking in federal penitentiaries, we will make the correctional system safer for staff and inmates, while also increasing the success of rehabilitation.

After question period, we will consider Bill C-44, the Protection of Canada from Terrorists Act, at report stage. I understand that, regrettably, the NDP will be opposing this bill.

Tuesday will see the House debate Bill C-43 before it gets its third and final reading.

Wednesday we will consider Bill C-32, the victims bill of rights act, at report stage and I hope at third reading. This bill was reported back from the very hard working justice committee yesterday. It was adopted unanimously after a thorough and exhaustive study all autumn. The victims bill of rights act would create statutory rights at the federal level for victims of crime for the very first time in Canadian history. This legislation would establish statutory rights to information, protection, participation, and restitution and ensure a complaint process is in place for breaches of those rights.

The chair of the justice committee implored House leaders yesterday to pass the bill expeditiously. I hope my colleagues will agree.

Next Thursday we will resume the uncompleted debates on Bill C-32, Bill C-12, Bill C-44, and Bill S-6, as well as taking up Bill S-5 at third reading to establish the Nááts’ihch’oh national park reserve act.

Next Friday, the House will complete the third reading debate on Bill C-40, the Rouge national urban park act, to create Canada's first national urban park.

After that we will have an opportunity to wish everybody a Merry Christmas.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Thank you, Mr. Chair, and I'm sorry for this unintentional loss of time.

I am always impressed when I appear before the Standing Committee on Public Safety and National Security, especially when I am surrounded by officials from agencies responsible for the protection and security of Canadians.

I am accompanied today by Harvey Cenaiko, from the Parole Board of Canada; Michel Coulombe, from the Canadian Security Intelligence Service; Mike Cabana, from the Royal Canadian Mounted Police; Don Head, from the Correctional Service of Canada; Luc Portelance, from the Canada Border Services Agency; and François Guimont, who is the Deputy Minister of Public Safety Canada.

I would like to tell the members of the committee that these people work very hard, particularly when we were called to respond to the recent terrorist attack. We were in the House a few minutes ago, and I had the chance to meet the person who administered first aid to Warrant Officer Nathan Cirillo at the National War Memorial. We are currently preparing a proper and balanced response to this growing terrorist threat. Obviously, we are not going to overreact, but we are not going to stand idly by in the face of this threat, either.

Furthermore, I would like to publicly thank the heads of the agencies that help us to adapt. They have already taken concrete action to protect Canadians.

We are here today to make budgetary adjustments that will allow these important individuals to continue to ensure our protection. As you know, our department was created in response to the terrorist attacks on September 11, 2001. Even now, I note that the priority for national security is fighting terrorism.

That said, we must not in any way neglect the other important aspects of public safety, which is why I am here this afternoon.

As you know, we have implemented many initiatives to move forward our government's ambitious public safety program. This involves cracking down on crime, improving the rights of victims and strengthening our national security. For example, I recently announced the coming into force of the Safer Witnesses Act, which will increase the effectiveness of the federal government's witness protection program for the individuals it protects, while meeting the needs of law enforcement agencies.

Furthermore, we just sent Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, back to the House for debate at report stage. This fundamental bill will change the way we handle justice in Canada and will put victims at the heart of our justice system.

I also want to thank the committee for its work on division 17 of Bill C-43, which amends the DNA Identification Act to create Lindsey's law. This important measure will create a DNA-based missing persons index to help provide closure to the families of missing persons.

I understand that Judy Peterson made a very emotional presentation to the committee. I would like to thank you all for your support on this important legislation that she has advocated for on behalf of her daughter.

Many of you may remember that November 16 was the sad anniversary of the disappearance of Julie Surprenant, in Terrebonne. Her sister, Andréanne, wanted to pay tribute to her on that occasion. It was a moving experience. It allowed us to remind the victims and loved ones of the families of missing or murdered individuals of the implementation of this act, which will help them to get through this type of situation and to find some comfort.

On other fronts, I have introduced measures to provide a simple and safe firearms licensing regime with Bill C-42, the common sense firearms licensing act. This bill was thoroughly debated one week ago. I look forward to this bill being referred to this committee for study in the very near future.

Just last week, I appeared before you regarding Bill C-44, the protection of Canada from terrorists act. I know the committee has completed its study, and has returned the bill to the House without amendments. As I said earlier, recent terrorist attacks are a reminder that the terrorist organization ISIL is a very real threat to Canadians. It is the reason we are working very determinedly to strengthen the tools available to the police and intelligence community in the areas of surveillance, detention, and arrest. The protection of Canada from terrorists act is just the first step in our efforts to do that.

My department and its agencies continue to give priority to efforts to fight terrorism and violent extremism, which includes working with our international allies.

Mr. Chair, I could speak more about the measures that we are implementing, but I would now like to move on to the Supplementary Estimates (B), 2014-15. Essentially, these are adjustments to the budget envelope that we were allocated and some modifications that need to be made to properly reflect the actual accounting and current expenses.

These estimates demonstrate our ongoing commitment to keeping Canadians safe from those who wish to harm them without creating billion-dollar boondoggles.

Allow me to provide some highlights of what I mean.

As the committee members can see, the Supplementary Estimates (B), 2014-15, aim to transfer $3.3 million from the Canada Border Services Agency to the RCMP to build a joint use firing range in British Columbia. It also aims to obtain a transfer of $5.2 million from the Correctional Service of Canada to the RCMP to support the renovations of C block at the RCMP training academy for correctional officer training.

These are prime examples of how we are using taxpayers' money. This way of operating is more effective. We are achieving this by grouping resources, while creating stronger ties within the department.

In addition, the estimates seek $5.2 million for CSIS in support of national security initiatives. I would also like to highlight two key items related to the RCMP. First, on November 28—as of Monday—the Enhancing Royal Canadian Mounted Police Accountability Act came into force, bringing in a new era of modernization and accountability for the RCMP. In order to implement that act, these supplementary estimates provide for $7.9 million to the RCMP to implement new processes relating to grievances and public complaints.

Additionally, there is $710,000 to the RCMP External Review Committee to maintain the committee's existing operations. This entails the review of certain grievances and appeals of decisions and disciplinary and other labour relations matters involving members of the force. This is a very important accomplishment, Mr. Chair. We've been working on that for years. In less than two years, the RCMP has been able to implement this major shift. The deputy commissioner can expand on this later on, but this is certainly a great accomplishment. As you know, we now have beefed up—if you allow me this expression—the oversight of the RCMP.

Second, the estimates seek to transfer $41.9 million to the RCMP for policing services provided pursuant to the first nations policing program. This funding will further support policing services that are professional, dedicated, and responsive to the first nation and Inuit communities they serve.

In addition, $3.7 million is set aside for the national public safety campaign for the next phase in the fight against bullying, called “Get Cyber Safe”. I must tell you that we have had very interesting results in terms of market penetration and our ability to reach out to young people.

We are very proud of the success of this campaign, which is having a significant impact across the country. More than a million people have visited the “Get Cyber Safe” website, and there have been different initiatives in that respect. Of course, I encourage committee members to pass on these constructive messages on the importance of having healthy practices when visiting social media sites and using information technology or any electronic device.

In conclusion, Mr. Chair, it is clear that our Conservative government is taking strong action to keep Canadians safe. We are ensuring that victims are at the heart of the justice system and ensuring that child sexual predators face serious consequences. We are making our firearms laws safe and sensible, and we are making sure that our law enforcement and national security organizations have the tools they need to do their jobs.

The one threat that seems to run through all of these initiatives is that they have been delayed, obstructed, or sometimes opposed outright. But we are prevailing, Mr. Chair, and I am proud to say that we intend to stay the course. We have the protection of Canada act coming back into the House of Commons, and we intend to come in the near future with additional legislation so that we can tackle this evolving terrorist threat.

With that in mind, Mr. Chair, I would be more than happy to respond to questions from the members of this important committee.

Merci.

Justice and Human Rights

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, it is my honour to present, in both official languages, the 10th report of the Standing Committee on Justice and Human Rights in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts.

The committee has studied the bill and has decided, unanimously, to report the bill back to this House with amendments.

Mr. Speaker, I also have the honour to present, in both official languages, the 11th report of the Standing Committee on Justice and Human Rights in relation to Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators).

The committee has studied the bill and has decided, unanimously, to report the bill back to this House without amendments.

I hope the House leaders move quickly on both these items.

[Robert Goguen, Conservative, Moncton—Riverview—Dieppe, NB]

Yes, I'd like to speak to this.

This amendment proposes to add a new transitional provision to specify that the amendment proposed to paragraph 718.2(e) of the Criminal Code would only apply to offences committed on or after coming into force of the bill. Section 718.2 of the Criminal Code is amended by Bill C-32 to require that sanctions be consistent with the harm done to victims or to the community. A similar transition clause is already proposed for section 718, but was inadvertently omitted in section 718.2.

It's a housekeeping amendment.